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More On The TSTA Lawsuit Over Grants To Private Institutions

Written by Vince Leibowitz. Posted in Texas Education

More On The TSTA Lawsuit Over Grants To Private Institutions

Published on August 06, 2008 with No Comments

We’ve obtained a copy of the lawsuit that the Texas State Teacher’s Association has filed against the Texas Education Agency over its dropout prevention grants going to private entities. You can review the suit here (.pdf). There is some great stuff in the appendix, too.

A couple of paragraphs jumped out at us as a pretty easy way to help explain to readers the issues the lawsuit seeks to address:

“The Administrative Procedure and Practice Act provides minimum standards of uniform practice and procedures for state agencies…An agency and its head are only semi-autonomous. The legislature may delegate its powers to an administrative agency, but a state agency only has the power and authority granted to it by the legislature. Rules and regulations that an agency or agency head imposes must be in harmony with the authorizing legislation.

The Texas Education Code as amended by HB 2237 does not authorize the Commissioner to award pubic money to a private, non profit organization or entity to pvovide “educational programs to students in any of grades K-12.” There is no specific authority and no implied authority.

In short, the Legislature has never granted TEA the right to subsidize non-public educational programs in this manner. Implied authority in this case would mean authority either that the legislature intended to give TEA authority to do this and simply did not, or that TEA has the authority to do this even though it hasn’t been expressly granted because such authority is necessary to carry out its requirements under the legislation. Neither is the case.

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  1. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  2. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  3. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  4. real truth about GOP Texas legislators looks at the stuff State Reps. Dwayne Bohac, Betty Brown, John Davis, Bill Zedler and State Sen. Mike Jackson don’t want you to see. Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  5. Doing My Part For The Left a few weeks ago, but has to wonder how to describe Michael Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, lied on camera about the Atmos Energy gas pipeline couplings. She spoke in Fort Worth about pipeline safety,

  6. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  7. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  8. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  9. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  10. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections

  11. to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite? Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety,

  12. Democrat to the readers of Doing My Part For The Left a few weeks ago but has to wonder how to describe Mike Skelly: Democrat or Republican Lite Vince at Capitol Annex takes a look at the Texas State Teacher’s Associationlawsuit against the Texas Education Agencyfor giving public funds to private institutions. Irony Alert: Mary McDaniels, Manager – Pipeline Safety, Texas Railroad Commission, who lied on camera about the Atmos Energy gas pipeline couplings, spoke in Ft Worth about pipeline safety, inspections and regulations, for

  13. [...] at Capitol Annex takes a look at the Texas State Teacher’s Association lawsuit against the Texas Education Agency for giving public funds to private [...]

  14. [...] More On The TSTA Lawsuit Over Grants To Private Institutions [...]

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